Air carrier Y had less than standard separation from small aircraft X. Pilot deviation.

Attributes
ACN	149829
Time
Date	199006
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : jfk
State Reference	NY
Altitude	msl bound lower : 4000 msl bound upper : 5000
Environment
Flight Conditions	VMC
Light	Dusk
Aircraft 1
Controlling Facilities	tracon : n90
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 3 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Experience	controller radar : 2
ASRS Report	149829
Person 2
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Events
Anomaly	altitude deviation : overshoot conflict : airborne less severe non adherence : required legal separation non adherence : clearance
Independent Detector	other controllera
Resolutory Action	other
Consequence	Other
Miss Distance	horizontal : 6000 vertical : 400
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

I was working jfk departure radar. We were departing runways 31L and 22R and landing runway 22L. Very busy departure session. Aircraft normally climb to 5000' as per SID, but I had restr the 22R departures to 4000' because small aircraft X was at 5000' navigating nebnd on the jfk 221 degree right (V16). The 22R departure fly runway heading as per the SID. Air carrier Y departed runway 22R and checked in on the frequency by stating that he was climbing to 4000'. I gave him radar contact. Moments later I turned left to 130 degrees and restated that he maintained 4000'. Air carrier Y read back 130 degrees and 4000'. Moments later I observed air carrier Y climbing out of 4400'. I instructed him to maintain 4000' and advised him of traffic at 5000'. I observed air carrier Y climbing to 4600' before descending back to 4000'.

Original NASA ASRS Text

Title: ACR Y HAD LESS THAN STANDARD SEPARATION FROM SMA X. PLT DEVIATION.

Narrative: I WAS WORKING JFK DEP RADAR. WE WERE DEPARTING RWYS 31L AND 22R AND LNDG RWY 22L. VERY BUSY DEP SESSION. ACFT NORMALLY CLB TO 5000' AS PER SID, BUT I HAD RESTR THE 22R DEPS TO 4000' BECAUSE SMA X WAS AT 5000' NAVIGATING NEBND ON THE JFK 221 DEG R (V16). THE 22R DEP FLY RWY HDG AS PER THE SID. ACR Y DEPARTED RWY 22R AND CHKED IN ON THE FREQ BY STATING THAT HE WAS CLBING TO 4000'. I GAVE HIM RADAR CONTACT. MOMENTS LATER I TURNED LEFT TO 130 DEGS AND RESTATED THAT HE MAINTAINED 4000'. ACR Y READ BACK 130 DEGS AND 4000'. MOMENTS LATER I OBSERVED ACR Y CLBING OUT OF 4400'. I INSTRUCTED HIM TO MAINTAIN 4000' AND ADVISED HIM OF TFC AT 5000'. I OBSERVED ACR Y CLBING TO 4600' BEFORE DSNDING BACK TO 4000'.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.